82R1187 YDB-D
 
  By: Raymond H.B. No. 163
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal jurisdiction of the supreme court and the
  abolishment of the court of criminal appeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 4.04, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 4.04.  SUPREME COURT [OF CRIMINAL APPEALS]
         Sec. 1.  The Supreme Court [of Criminal Appeals] and each
  justice of the court [judge thereof shall] have[, and is hereby
  given,] the power and authority to grant and issue and cause the
  issuance of:
               (1)  writs of habeas corpus;
               (2)  [, and,] in criminal law matters, the writs of
  mandamus, procedendo, prohibition, and certiorari; and
               (3)  any [. The court and each judge thereof shall
  have, and is hereby given, the power and authority to grant and
  issue and cause the issuance of such] other writs [as may be]
  necessary to protect its jurisdiction or enforce its judgments.
         Sec. 2.  The Supreme Court has [of Criminal Appeals shall
  have, and is hereby given,] final appellate and review jurisdiction
  in criminal cases coextensive with the limits of the state, and its
  determinations are [shall be] final. [The appeal of all cases in
  which the death penalty has been assessed shall be to the Court of
  Criminal Appeals. In addition, the Court of Criminal Appeals may,
  on its own motion, with or without a petition for such discretionary
  review being filed by one of the parties, review any decision of a
  court of appeals in a criminal case. Discretionary review by the
  Court of Criminal Appeals is not a matter of right, but of sound
  judicial discretion.]
         SECTION 2.  Section 52.092(c), Election Code, is amended to
  read as follows:
         (c)  Statewide offices of the state government shall be
  listed in the following order:
               (1)  governor;
               (2)  lieutenant governor;
               (3)  attorney general;
               (4)  comptroller of public accounts;
               (5)  commissioner of the General Land Office;
               (6)  commissioner of agriculture;
               (7)  railroad commissioner;
               (8)  chief justice, supreme court;
               (9)  justice, supreme court[;
               [(10)  presiding judge, court of criminal appeals;
               [(11)  judge, court of criminal appeals].
         SECTION 3.  Section 172.021(g), Election Code, is amended to
  read as follows:
         (g)  A candidate for the office of chief justice or justice,
  supreme court, [or presiding judge or judge, court of criminal
  appeals,] who chooses to pay the filing fee must also accompany the
  application with a petition that complies with the requirements
  prescribed for a petition authorized by Subsection (b), except that
  the minimum number of signatures that must appear on the petition
  required by this subsection is 50 from each court of appeals
  district.
         SECTION 4.  Section 22.001(a), Government Code, is amended
  to read as follows:
         (a)  The supreme court has appellate jurisdiction [, except
  in criminal law matters,] coextensive with the limits of the state
  and extending to all questions of law arising in the following cases
  when they have been brought to the courts of appeals from appealable
  judgment of the trial courts:
               (1)  a case in which the justices of a court of appeals
  disagree on a question of law material to the decision;
               (2)  a case in which one of the courts of appeals holds
  differently from a prior decision of another court of appeals or of
  the supreme court on a question of law material to a decision of the
  case;
               (3)  a case involving the construction or validity of a
  statute necessary to a determination of the case;
               (4)  a case involving state revenue;
               (5)  a case in which the railroad commission is a party;
  and
               (6)  any other case in which it appears that an error of
  law has been committed by the court of appeals, and that error is of
  such importance to the jurisprudence of the state that, in the
  opinion of the supreme court, it requires correction, but excluding
  those cases in which the jurisdiction of the court of appeals is
  made final by statute.
         SECTION 5.  Section 22.002(a), Government Code, is amended
  to read as follows:
         (a)  The supreme court or a justice of the supreme court may
  issue writs of procedendo and certiorari and all writs of quo
  warranto and mandamus agreeable to the principles of law regulating
  those writs, against a statutory county court judge, a statutory
  probate court judge, a district judge, a court of appeals or a
  justice of a court of appeals, or any officer of state government
  except the governor[, the court of criminal appeals, or a judge of
  the court of criminal appeals].
         SECTION 6.  The heading to Subchapter B, Chapter 22,
  Government Code, is amended to read as follows:
  SUBCHAPTER B. SUPREME COURT: [OF] CRIMINAL APPEALS
         SECTION 7.  Subchapter B, Chapter 22, Government Code, is
  amended by adding Section 22.1011 to read as follows:
         Sec. 22.1011.  REFERENCE TO COURT OF CRIMINAL APPEALS.  A
  reference in state law to the court of criminal appeals means the
  supreme court, a reference to a judge of the court of criminal
  appeals means a justice of the supreme court, and a reference to the
  presiding judge of the court of criminal appeals means the chief
  justice of the supreme court.
         SECTION 8.  Sections 22.102 and 22.103, Government Code, are
  amended to read as follows:
         Sec. 22.102.  MANDATE. When the court from which an appeal
  is taken is deprived of jurisdiction over the case pending the
  appeal and the case is determined by a court of appeals or the
  supreme court [of criminal appeals], the mandate of the appellate
  court that determined the case shall be directed to the court that
  had jurisdiction over the case, as also provided by Section 22.226.
         Sec. 22.103.  ASCERTAINMENT OF FACTS. The supreme court [of
  criminal appeals] may ascertain, on affidavit or otherwise, the
  matters of fact that are necessary to the exercise of its
  jurisdiction.
         SECTION 9.  Section 22.105(a), Government Code, is amended
  to read as follows:
         (a)  The fact that a justice [judge] of the supreme court [of
  criminal appeals] is disqualified under the constitution and laws
  of this state to hear and determine a case shall be certified to the
  governor.
         SECTION 10.  Sections 22.106(a), (c), and (d), Government
  Code, are amended to read as follows:
         (a)  The chief justice [presiding judge] of the supreme court
  [of criminal appeals], with the concurrence of a majority of the
  justices [judges] of the supreme court [of criminal appeals], may
  designate and appoint a retired appellate judge or district judge
  who has consented to be subject to appointment, or an active
  appellate judge or district judge, to sit as a commissioner of the
  supreme court [of criminal appeals]. A designated judge must
  consent to the designation and appointment. The chief justice
  [presiding judge] may designate and appoint as many commissioners
  as the chief justice considers [he deems] necessary to aid the court
  in disposing of its business.
         (c)  The opinions of a commissioner shall be submitted to the
  supreme court [of criminal appeals] for approval. When approved by
  a majority of the court, an opinion of a commissioner has the same
  weight and legal effect as an opinion originally prepared by the
  supreme court [of criminal appeals].
         (d)  The compensation of a judge while sitting as a
  commissioner of the supreme court [of criminal appeals] shall be
  paid out of money appropriated from the general revenue fund for
  that purpose in an amount equal to the salary of the justices
  [judges] of the supreme court [of criminal appeals] and shall be in
  lieu of the retirement allowance that the judge receives or in lieu
  of the compensation the judge [he] receives as an active judge of
  another court. In addition to the compensation, a judge sitting as
  a commissioner of the court is entitled to receive the judge's [his]
  actual travel expenses to and from Austin and a $25 per diem while
  the judge [he] is assigned to the supreme court [of criminal
  appeals] in Austin.
         SECTION 11.  Sections 22.107, 22.108, 22.109, and 22.1095,
  Government Code, are amended to read as follows:
         Sec. 22.107.  COMMISSION IN AID OF SUPREME COURT [OF
  CRIMINAL APPEALS]. (a)  In addition to the authority granted by
  Section 22.106 [of this code], the supreme court [of criminal
  appeals] may appoint a commission for the aid of the court in
  disposing of the business before the court. The commission in aid
  of the court shall discharge the duties that are assigned it by the
  supreme court [of criminal appeals].
         (b)  The commission shall be composed of two attorneys having
  the qualifications fixed by the constitution and laws of this state
  for a justice [judge] of the supreme court [of criminal appeals].
  Commissioners serve two-year terms that expire September 1 of each
  odd-numbered year.
         (c)  The opinions of the commissioners in aid of the court
  shall be submitted to the supreme court [of criminal appeals] for
  approval. When approved by a majority of the court and handed down
  as an opinion of the court, an opinion of a commissioner in aid of
  the court has the same weight and legal effect as an opinion
  originally prepared and handed down by the supreme court [of
  criminal appeals].
         (d)  Each member of the commission is entitled to receive for
  the member's [his] services the salary that is provided by law.
         (e)  The supreme court [of criminal appeals] by appointment
  may fill a vacancy on the commission in aid of the court that is
  created by the death, resignation, or removal of a member of the
  commission. A person appointed to fill a vacancy continues in
  office for the unexpired portion of the term for which the
  commissioner vacating the office was appointed.
         (f)  The supreme court [of criminal appeals] shall appoint
  two stenographers for the commission.
         Sec. 22.108.  RULES OF APPELLATE PROCEDURE IN CRIMINAL
  CASES. (a)  The supreme court [of criminal appeals] is granted
  rulemaking power to promulgate rules of posttrial, appellate, and
  review procedure in criminal cases except that its rules may not
  abridge, enlarge, or modify the substantive rights of a litigant.
         (b)  The supreme court [of criminal appeals] may promulgate a
  comprehensive body of rules of posttrial, appellate, and review
  procedure in criminal cases and from time to time may promulgate a
  specific rule or rules of posttrial, appellate, or review procedure
  in criminal cases or an amendment or amendments to a specific rule
  or rules. Rules and amendments adopted under this subsection are
  effective at the time the supreme court [of criminal appeals]
  considers expedient in the interest of a proper administration of
  justice. The rules and amendments to rules remain in effect unless
  and until disapproved, modified, or changed by the legislature.
  The clerk of the supreme court [of criminal appeals] shall file with
  the secretary of state the rules or amendments to rules promulgated
  by the supreme court [of criminal appeals] under this subsection.
         (c)  The rules of posttrial, appellate, and review procedure
  in criminal cases shall be published in the Texas Register and in
  the Texas Bar Journal. The supreme court [of criminal appeals] may
  adopt the method it considers expedient for the printing and
  distribution of the rules.
         Sec. 22.109.  RULES OF EVIDENCE IN CRIMINAL CASES. (a)  The
  supreme court [of criminal appeals] has the full rulemaking power
  in the promulgation of rules of evidence in the trials of criminal
  cases, except that its rules may not abridge, enlarge, or modify the
  substantive rights of a litigant.
         (b)  The supreme court [of criminal appeals] may promulgate a
  comprehensive body of rules of evidence in the trials of criminal
  cases and from time to time may promulgate a specific rule or rules
  of evidence or an amendment or amendments to a specific rule or
  rules. Rules and amendments adopted under this subsection are
  effective at the time the supreme court [of criminal appeals]
  considers expedient in the interest of a proper administration of
  justice. The rules and amendments to rules remain in effect unless
  and until disapproved by the legislature. The secretary of state
  shall report the rules or amendments to rules to the next regular
  session of the legislature by mailing a copy of the rules or
  amendments to rules to each elected member of the legislature on or
  before December 1 immediately preceding the session.
         (c)  The rules of evidence in the trials of criminal cases
  shall be published in the Texas Register and in the Texas Bar
  Journal. The supreme court [of criminal appeals] may adopt the
  method it considers expedient for the printing and distribution of
  the rules.
         Sec. 22.1095.  RULES ON ELECTRONIC FILING OF DOCUMENTS FOR
  CAPITAL CASES IN SUPREME COURT [OF CRIMINAL APPEALS].
  [(a)]  Notwithstanding Subchapter I, Chapter 51, or any other law,
  the supreme court [of criminal appeals] may adopt rules and
  procedures providing for and governing the electronic filing of
  briefs, pleadings, and other documents for capital cases in that
  court.
         [(b)  In the adoption of rules and procedures under
  Subsection (a), the court of criminal appeals shall coordinate with
  the supreme court and the rules and procedures adopted by that
  court.]
         SECTION 12.  Sections 22.110(a), (b), (c), and (e),
  Government Code, are amended to read as follows:
         (a)  The supreme court [of criminal appeals] shall assure
  that judicial training related to the problems of family violence,
  sexual assault, and child abuse and neglect is provided.
         (b)  The supreme court [of criminal appeals] shall adopt the
  rules necessary to accomplish the purposes of this section.  The
  rules must require each district judge, judge of a statutory county
  court, associate judge appointed under Chapter 54 of this code or
  Chapter 201, Family Code, master, referee, and magistrate to
  complete at least 12 hours of the training within the judge's first
  term of office or the judicial officer's first four years of service
  and provide a method for certification of completion of that
  training.  At least four hours of the training must be dedicated to
  issues related to child abuse and neglect and must cover at least
  two of the topics described in Subsections (d)(8)-(12).  At least
  six hours of the training must be dedicated to the training
  described by Subsections (d)(5), (6), and (7).  The rules must
  require each judge and judicial officer to complete an additional
  five hours of training during each additional term in office or four
  years of service.  At least two hours of the additional training
  must be dedicated to issues related to child abuse and
  neglect.  The rules must exempt from the training requirement of
  this subsection each judge or judicial officer who files an
  affidavit stating that the judge or judicial officer does not hear
  any cases involving family violence, sexual assault, or child abuse
  and neglect.
         (c)  In adopting the rules, the supreme court [of criminal
  appeals] may consult with [the supreme court and with] professional
  groups and associations in the state that have expertise in the
  subject matter to obtain the recommendations of those groups or
  associations for instruction content.
         (e)  The supreme court [of criminal appeals] or the court's
  designee shall report the name of a judge or judicial officer who
  does not comply with the requirements of this section to the State
  Commission on Judicial Conduct.
         SECTION 13.  Sections 22.1105(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The supreme court [of criminal appeals] shall adopt the
  rules necessary to provide for the training required under
  Subsection (a). The rules must require a judge described by
  Subsection (a) to complete two hours of the required training every
  judicial academic year that ends in a 0 or a 5 as part of the
  training the judge is required to complete under rules adopted by
  the supreme court [of criminal appeals] or other law.
         (c)  In adopting the rules, the supreme court [of criminal
  appeals] may consult with [the supreme court and with] professional
  groups and associations in this state that have expertise in the
  subject matter to obtain the recommendations of those groups or
  associations for instructional content.
         SECTION 14.  Section 22.111, Government Code, is amended to
  read as follows:
         Sec. 22.111.  TRAINING FOR PROSECUTING ATTORNEYS RELATED TO
  PUNISHMENT ENHANCEMENT BECAUSE OF BIAS OR PREJUDICE. The supreme
  court [of criminal appeals] shall provide to prosecuting attorneys
  training related to the use of Section 12.47, Penal Code, and
  Article 42.014, Code of Criminal Procedure, for enhancing
  punishment on a finding that an offense was committed because of the
  defendant's bias or prejudice as defined in Article 42.014, Code of
  Criminal Procedure.
         SECTION 15.  Sections 22.226 and 22.301, Government Code,
  are amended to read as follows:
         Sec. 22.226.  MANDATE. When the court from which an appeal
  is taken is deprived of jurisdiction over the case pending the
  appeal and the case is determined by a court of appeals or the
  supreme court [of criminal appeals], the mandate of the appellate
  court that determines the case shall be directed to the court that
  had jurisdiction over the case, as also provided by Section 22.102.
         Sec. 22.301.  SALARIES OF OFFICERS AND PERSONNEL OF
  APPELLATE COURTS. The salaries of the state prosecuting attorney
  and the clerks, other officers, and employees of the supreme
  court[, court of criminal appeals,] and courts of appeals shall be
  determined by the legislature in its appropriation acts for the
  support of the judiciary.
         SECTION 16.  Section 22.302(a), Government Code, is amended
  to read as follows:
         (a)  At the discretion of its chief justice [or presiding
  judge], the supreme court[, the court of criminal appeals,] or a
  court of appeals may order that oral argument be presented through
  the use of teleconferencing technology. The court and the parties
  or their attorneys may participate in oral argument from any
  location through the use of teleconferencing technology.
         SECTION 17.  The following sections of the Government Code
  are repealed:
               (1)  Sections 22.0035(d) and (e);
               (2)  Section 22.101; and
               (3)  Section 22.112.
         SECTION 18.  This Act takes effect on the date on which the
  constitutional amendment proposed by the 82nd Legislature, Regular
  Session, 2011, to abolish the court of criminal appeals and vest
  that court's criminal jurisdiction in the supreme court takes
  effect. If that amendment is not approved by the voters, this Act
  has no effect.